We, Galmed Research & Development Ltd. and our affiliated companies (collectively, “Company”, “we” or “us”) value privacy rights, thus, we have designed this Privacy Rights Policy (“Privacy Rights Policy” or “Policy”) as an overview of your rights regarding your Personal Data, under applicable data protection laws, including without limitations, the EU General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”) (collectively, “Privacy Regulations”).
In case you are a participant or a prospective participant of our sponsored study (i.e., clinical trial)(“Patient“), your rights regarding your Personal Data are described in detail in the Inform Consent Form (“ICF”) you will receive and review before your enrollment in the study (“Patient’s Information“). More information regarding the collection and processing of Patient’s Information can be found in the ICF. Please contact your physician to receive further information.
Please note that any Data Subject Request forms (as defined below) submitted to us shall be processed by us in our capacity as a “Data Controller”.
ACCESS INFORMATION AND DATA PORTABILITY RIGHTS
You have a right to request us to confirm whether we process certain Personal Data related you, as well as a right to obtain a copy of such Personal Data, with additional information regarding how and why we use this Personal Data. The GDPR and CCPA provide different protections, the GDPR enables access to all Personal Data processed by the controller, however the CCPA “Access Right” applies only to Personal Data collected in the 12 months prior to the request. After we receive such request, we will analyze and determine the veracity and appropriateness of the access request and provide you with the applicable confirmation of processing, the copy of the Personal Data or a description of the Personal Data and categories of data processed, the purpose for which such data is being held and processed, and details about the source of the Personal Data that was not provided by you.
DELETION REQUEST RIGHTS
The Company is legally obligated to comply with a request to delete Personal Data if:
– the data is no longer needed for the original purpose and no new lawful purpose exists for continued processing;
– the lawful basis for processing is consent of the data subject and such consent is withdrawn;
– the data subject exercises his or her right to object to the Company’s processing of his or her Personal Data, and the Company has no overriding grounds for processing the data;
– the Personal Data is processed unlawfully;
– erasure of the Personal Data is necessary to comply with applicable laws.
– if the Company has passed on Personal Data to a third party, a data subject also has a right to oblige the Company to tell
those third parties that the information should be erased.
The right to erasure is not absolute. Even if a data subject falls into one of the categories described above, the Company is entitled to reject the data subject’s request and continue processing data subject to applicable law, if such processing is:
– necessary to comply with legal obligations;
– necessary to establish, exercise or defend legal claims; or is necessary for scientific research, etc.;
– necessary to perform a contract between you and us;
– necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity;
– necessary to debug to identify and repair errors that impair existing intended functionality;
– to enable solely internal uses that are reasonably aligned with your expectations based on our relationship with you
RIGHT TO OBJECT / RIGHT TO OPT OUT
Under the lawful basis of our legitimate interests and with regards to Personal Data processed by us (such as direct marketing), you may object to our processing on such grounds. However, even if we receive your objection, we will be permitted to continue processing the Personal Data in the event that (subject to applicable laws and regulations):
(i) our legitimate interests for processing override your rights, interests and freedoms;
(ii)the processing of such Personal Data is necessary to establish, exercise or defend a legal claim or right, etc.
YOUR RIGHT TO BE INFORMED
THE RIGHT OF RECTIFICATION
A data subject has the right to require that the Company updates its Personal Data so it is accurate. In addition, if the Company has passed on incorrect information about a data subject to a third party, the data subject also has a right to oblige the Company to inform those third parties that this information should be updated.
THE RIGHT OF RESTRICTION
A data subject may limit the purposes for which the Company may process its Personal Data. The Company’s processing activities may be restricted if: the accuracy of the data is contested; processing is unlawful and data subject requests restriction instead of erasure; the Company no longer needs the data for its original purpose, but the data is still required to establish, exercise or defend legal rights; or consideration of overriding grounds in the context of an erasure request.
You may request us to send or “port” your Personal Data held by us to a third-party entity, however note, the GDPR and CCPA apply differently to this right, thus, we will handle this according to the jurisdiction you are subject to.
Under the CCPA, you must not be discriminated for exercising any of your rights, including by denied goods or services, charging you with different fees for goods or services, including through the use of discounts or other benefits or imposing penalties; suggested you will receive a different price or rate for goods or services.
RESPONSE TIMING AND FORMAT
We will respond to a verifiable consumer request with undue delay and in any event within the timeframe required under applicable Privacy Regulations. If we require more time, we will inform you of the reason and extension period in writing. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
Please be advised that, under the CCPA your rights only apply to the Personal Data collected 12 months prior to the request and you are not entitled to submit more than 2 requests in a 12 months period.
This Policy applies solely to your rights concerning Personal Data processed by us